LexIN RE: POLICY STRATEGY FOR GRANT OF BAIL versus
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
[2025] 2 S.C.R. 1588 : 2025 INSC 239 In Re: Policy Strategy for Grant of Bail (Suo Motu Writ Petition (Crl.) No. 4 of 2021) 18 February 2025 [Abhay S. Oka* and Ujjal Bhuyan, JJ.] Issue for Consideration The first issue is whether the power to grant remission can be exercised without the convict or anyone on behalf of the convict applying to the appropriate Government for a grant of remission. The second issue is about the nature of conditions imposed while granting remission. The third issue is whether there can be automatic revocation of remission granted to the convict if he commits a breach of the terms and conditions on which remission is granted. Lastly, another question is whether there is a requirement to record reasons while rejecting applications of the convicts for grant of permanent remission. Headnotes† Code of Criminal Procedure, 1973 – s.432 – Bharatiya Nagarik Suraksha Sanhita, 2023 – s.473 – Whether the power to grant remission can be exercised without the convict or anyone on behalf of the convict applying to the appropriate Government for a grant of remission: Held: Where there is a policy of the appropriate Government laying down guidelines for consideration of the grant of premature release u/s.432 of the CrPC or Section 473 of the BNSS, it is the obligation of the appropriate Government to consider cases of all convicts for grant of premature release as and when they become eligible for consideration in terms of the policy – In such a case, it is not necessary for the convict or his relatives to make a specific application for grant of permanent remission – When the jail manual or any other departmental instruction issued by the appropriate Government contains such policy guidelines, the aforesaid direction will apply – Further, direction issued to those States and Union Territories that do not have a policy dealing with the grant of remission in terms of s.432 of the CrPC or s.473 of the BNSS to formulate a policy. [Para 21(a), (b)] * Author [2025] 2 S.C.R. 1589 In Re: Policy Strategy for Grant of Bail Code of Criminal Procedure, 1973 – s.432 – Bharatiya Nagarik Suraksha Sanhita, 2023 – s.473 – Nature of conditions imposed while granting remission: Held: The conditions must be such that the same ensures that the criminal tendency of the convicts remains in check, they do not indulge in the commission of crimes, and they are rehabilitated in society – Their proper rehabilitation is most vital as it prevents them from going back to their criminal activities – Therefore, it can be summarized as: a) Consideration of various factors which are mentioned by way of illustration is necessary before finalizing the terms and conditions; b) The conditions must aim at ensuring that the criminal tendencies, if any, of the convict remain in check and the convict rehabilitates himself in society; c) The conditions should not be so oppressive or stringent that the convict is not able to take advantage of the order granting permanent remission; and d) The conditions cannot be vague and should be capable of being performed. [Para 13] Code of Criminal Procedure, 1973 – s.432 – Bharatiya Nagarik Suraksha Sanhita, 2023 – s.473 – Whether there can be automatic revocation of remission granted to the convict if he commits a breach of the terms and conditions on which remission is granted: Held: In the case of Mafabhai Motibhai Sagar, it was held that an order granting permanent remission cannot be withdrawn or cancelled without giving an opportunity of being heard to the convict – An order of cancellation of permanent remission must contain brief reasons. [Para 21(e)] Code of Criminal Procedure, 1973 – s.432 – Bharatiya Nagarik Suraksha Sanhita, 2023 – s.473 – Whether there is a requirement to record reasons while rejecting applications of the convicts for grant of permanent remission: Held: The power to grant premature release must be exercised in a fair and reasonable manner – It affects the convict’s liberty guaranteed u/Art.21 of the Constitution – Therefore, the requirement of recording reasons either for granting or rejecting the prayer for permanent remission will have to be read into the provisions of s.432 of the CrPC and s.473 of the BNSS – Principles of natural justice must be read into the provisions of s.432 of the CrPC – 1590 [2025] 2 S.C.R. Supreme Court Reports Furthermore, it follows that the order passed by the appropriate Government of eit
Excerpt shown. Read the full judgment & AI analysis in Lexace.